S2NRI

S2NRI came across the fact that every year, 65,000 Indians under the general category board the flight to the USA under the H1B visa cap. Besides, 20,000 skilled workforces that have a master’s degree from an accredited institution secure this visa to the USA.

Such a colossal size of the Indian population immigrates to the USA. Subsequent to spending 5 crucial years, they can qualify for the Adjustment of Status, also called the Green Card process. It determines lawful permanent residency.  But, it typically takes 5 to 6 months to carry out this pan process, which is no less than a can of worms. The USCIS-Immigration Authority of the USA takes care of it. It scrutinizes each and every document pertaining to NRIs.

The process begins with determining the category which the NRI fits specifically under. Even, the official site houses every link to navigate challenges in the way of applying for the permanent citizenship, i.e. valid for 10 years. The willing immigrants should have passport, official travel document and Form I-94 to prove their claim.

The rest of the process consists of filing petitions via a green card application and an immigration petition. However, the forms, including Form I-130, Form I-140, Form I-730, Form I-589, Form I-360, Form I-526, Form I-918 and Form I-929, to meet the need of different categories are there to select from.  Upon getting a nod from the USCIS, the applicant must fill the Form I-485 to register his permanent address.

The applicant must leap across all these hurdles to reach the final stage. It is known as case status. The competent authority verifies the Form I-485. The applicant can meet rejection if he does not have a proof of his birth or birth certificate, receipt number and A-Number. In short, the non-availability of the birth proof can change the entire game.

The CEO of S2NRI recommended, “Every NRI who is willing to stay permanently in the USA must carry authentic birth proof, passport and other related documents to claim that citizenship. A small mistake can spill the beans. He can meet rejection, which will be too heavy to carry on.”

“We have been dealing in NRI services for years. We know how inflicting this journey could be. So, we always recommend keeping valid and original proofs of your identity, birth and address,” he advised.

Attaining citizenship of the most developed country-the US is a dream of many NRIs. But, getting it is not a piece of pie. You have to get through the process called the ‘Adjustment of Status’ (AoS). It can help to navigate challenges in getting lawful permanent resident status. It is also called the green card application process.

The non-residents can get it while being stayed/ worked in the US. Simply put, you need not return to your home for completing this process.  But if you are not there, consular processing can sail you through this process.

Let’s get through the rundown to know how you can get the AOS.

Adjustment of Status (AoS) requirements:   The US immigration authority follows different ways to apply for it. Its requirements begin with determining category.

1. Determine category: Being an immigrant, you should know your category to apply under. It supports you to determine your eligibility and visa availability under that category. To know yours, you can:

• Visit its green card eligibility categories
• Find yours.
• Click and go to that category for coming across the related requirements.

2. File immigrant petition, if applicable: Upon determining category, you should fill two forms-an immigrant petition and a Green Card application. However, these petitions should be filed with your sponsor or employer. But, you can also apply for it. Below is the list of all forms, which can help you to file petition:

• Form I-130 (for an alien relative)
• Form I-140 (an immigrant petition for an alien employee)
• Form I-730 (for refugee/ asylee relative)
• Form I-589 (for asylum and withholding of removal)
• Form I-360 (for Amerasian or widow or special immigrant)
• Form I-526 (for employee by alien employer)
• Form I-918 (for U nonimmigrant status)
• Form I-929 (for qualifying family member of a U-1 nonimmigrant)

3. Check visa availability: However, you may be asked to fill the Form I-485, in parallel to aforementioned petitions of your category. But, the visa availability matters first. You can check it through these pages:

• The Visa Availability and Priority Date
• The Adjustment of Status Filing Charts
• Visa Bulletin

4. Form I-485, if eligible: This form will be vital if you possess eligibility for the adjustment of status. It helps you to register your permanent address or adjust status. However, you can fill it post determining your category. But, certain categories mandate you to fill it together with category form. It is also known as the Concurrent Filling.

Besides, you can apply for adjusting your status under Section 245(i) of the Immigration and Nationality Act (INA). In it, you should fill these forms:

• Form I-485
• Form I-485 Supplement A
• Adjustment of Status under Section 245 (i)

5. Biometrics at Application Support Center (ASC): It is an unavoidable requirement. You cannot skip it without properly notifying the USCIS official. Otherwise, your request to reschedule it will be rejected in the future.

As you get a notice after filing the Form I-485, visit a local Application Support Center. The date, time and venue will be mentioned in that notice. The competent authority will verify your biometrics, such as fingerprints, photograph, or signature.  It is a key to check your background for security purpose.

Lastly, you have to sign an acknowledgment that whatever information you have provided in the application is complete, true and correct.

6. F2F: This is an interview round. The USCIS will schedule it if it seems its necessity. It notifies with the date, time and venue. Appear there and answer its questions. Do not forget to come with all original documents to submit with the Form I-485. These are:

• Passport
• Official travel document
• Form I-94

7. Additional evidences: If the USCIS finds you eligible, it may call you with additional proofs. The date, time and venue will be there on the notice. It is possible if:

• You have skipped to submit any crucial document
• The submitted document is no longer valid
• The officer needs to come across more information

8. Check status: This step will help you to check the status of your application. You can check this status online or contact USCIS. In the meantime, you should be ready with these specific details:

• Receipt Number
• A-number
• Name
• Date of Birth

9. Access decision:  The decision of the USCIS is dispatched through a written notice. The approval is generally sent first. Your actual Permanent Resident Card or Green Card will trail that notice.

Disapproval is also delivered through a notice, together with the reason of its rejection. If you want to appeal against the disapproval, you should fill the form I-290B. It determines the notice of appeal and motion.

Moreover, if you change your address, send a prompt to the USCIS within 10 days. Also, update your new address on the Change of Address Information on its website.

A report submitted by a student of Punjab University’s Human Rights and Duties Department carried a desertion fact about NRIs’ wives. It claims that the abandoned brides of NRIs had arranged marriages.

The study also unfolded that the match-maker of around 70% of matrimonies is matrimonial websites and advertisements. The rest, i.e. 30 %, marriages are also arranged by the friends and relatives. These incidents have been on the crest for past a few years in Punjab.

Even, the NRI police stations have lodged 528 complaints in the month of April, 2019.

The report also touched another vertical- bride’s education. The student of MA -Allisha was guided by Upneet Kaur Mangat. She supervised her in observing a sample size of 35 deserted wives. Her findings highlighted that as many as 57% jilted wives were postgraduates, whereas 5% were Ph.Ds.  The remaining 30 % brides were grads.

So far, Majha and Daoba of Punjab are the forerunner states, maximizing the number of such cases. Malwa is the only region that witnessed no such cases.

The story of cruelty doesn’t end here. It proceeded upon their abandonment. The deserted wives had to dwell with their in-laws forcefully in Punjab. But, they threw them out in a month, realizing being a burdensome.

Besides, the report narrated the tale of their severity post marriage. It spotlighted three cases, wherein wives were immigrated to abroad with their husbands, who had to show the certificate as a proof of their single status. They might have imagined that time as a honeymooning period. But, the reality was opposite. They were profusely beaten and thrashed to bruises. They were victimized by the domestic violence. Moreover, their passports were snatched. This mishap shut all doors to come back home. So, they never returned. No one from their home could reach there to console them.

However, the Indian foreign ministry has passed a provision. According to it, the government could cancel the passport of the culprit NRIs. Thereby, the possibility to go abroad will be fading away. But, there are several men who are continuously living there. Even, they have extended their visa through lawyers.

This report ended on an implication that pointed at maintaining a record of NRIs. It should also be a composition of their matrimonial status. This is how the government will be able to keep a check on their issues. It also had a suggestion that favoured issuance of twin passports to the wives of non-residents of India. It can help them to get off the clutch of cruel and cunning husbands.